1. DP - Discrimination “We have three classes of homicide” I was told by the chief of detectives in a large southern city. “If a n____ kills a white man that’s murder. If a white man kills a n____ that’s justifiable homicide. If a n____ kills another n____ that’s one less n____.” (Raymond Fosdick, American Police Systems, 1920)

2. DP - Discrimination Review of history/background discussed in first half of course:

3. DP - Discrimination Before the Civil War -- Slave Codes were discriminatory, but executions were relatively rare (Espy File). After the Civil War -- "Jim Crow" system, immigrants and surplus populations, upsurge of exec & lynchings in the North & South.

4. DP - Discrimination Link to lynching -- Both formal/legal and informal/lynching enforced white racist domination in North & South. The Southernization/Racialization of both the DP and lynching from 1900 to WW II -- and decline elsewhere (Assimilation)

5. DP - Discrimination Link to the Civil Rights Movement in the 1950’s & 1960’s -- part of a broad attack on discrimination in the South. Furman v. Georgia 1972 -- reluctant federal courts forced to get involved (Moratorium Campaign)

6. DP - Discrimination Continuing discrim in post-Furman DP -- “Overwhelming evidence” (more on this later) McCleskey v. Kemp 1984 -- A “disgrace to American Jurisprudence”

7. DP - Discrimination Is racism the key difference between US and Europe --- why they abolished the DP and we didn't? No real long term parallel in Europe to B/W discrim like in our history. (landowner/peasant & assimilation)

8. DP - Discrimination Why/how does DP Discrim happen? “Institutional Discrimination” Mostly Unintentional/Unconscious/Cultural -- not usually the traditional “racism” of prejudice and race-hate.

9. DP - Discrimination From “The Death Penalty in Black & White” (DPIC): Discretion/bias and mid-range cases vs. extreme cases -- discretion Disc/bias and the race of prosecutors making charging decisions -- all white

10. DP - Discrimination Open racism in court -- prosecutors, defense attorneys, judges, juries. Many examples in DPIC “Death Penalty in Black and White” (This kind of racism has decreased!) “Black robes and white robes” comment

11. DP - Discrimination Reproducing the culture of institutional discrimination (police culture and court culture) “Fitting in” is prerequisite for success. “Practicality” not “racism”

12. DP - Discrimination The response to institutional discrimination - - denial/pretend that it doesn’t exist. Scapegoating - “Isolated cases” Blaming Juries and “Bad Apples”

13. DP - Discrimination The result of all of this: “Racial bias permeates the system” But in a subtle and complicated form.

14. DP - Discrimination The "Racial Justice Act" and the politics of the DP. The 1997 ABA call for a new moratorium - - DP problems getting worse, not better.

15. DP - Discrimination Next – Research Data